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CLogic LLC vs United States No 23-6 L (Mar 21, 2024)

Court of Federal Claims denies the Government's motion to dismiss. 

 

There is an Other Transaction Agreement (the “OTA”) between DOTC and the NAC under which DOTC awards NAC members prototyping projects. Id. at ¶ 22. When DOTC awards a NAC member a project, it awards an Ordnance Technology Initiative Agreement (“OTIA”), which contains all the requirements and obligations of the project. Id. at ¶ 24. This includes the scope of the work, the terms of the project, and payment information.2 This case involves an OTIA between DOTC and CLogic for the upgrades to the Air Force MRAPs. CLogic worked with the Air Force and the Army Contracting Command – New Jersey (“ACC-NJ”), 3 to craft a project for the MRAP reset and standardization. In 2018, they agreed to a statement of work to upgrade 142 MRAPs that was to proceed in two phases. In Phase 1, CLogic would upgrade 48 MRAPs and in Phase 2 it would upgrade the remaining 114 MRAPs. Id. at ¶ 29. The original cost estimate for this work was $62 million, which DOTC would fund through a series of OTIAs. Id. at ¶ 29. Under the original agreement, the Government was to provide much of the materials to be installed on the MRAPs. Id. 

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